Pacheco v. St. Luke's Emergency Associates, P.C.

879 F. Supp. 2d 136, 2012 WL 3044245, 2012 U.S. Dist. LEXIS 101435
CourtDistrict Court, D. Massachusetts
DecidedJuly 20, 2012
DocketCivil Action No. 12-10214-NMG
StatusPublished
Cited by9 cases

This text of 879 F. Supp. 2d 136 (Pacheco v. St. Luke's Emergency Associates, P.C.) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pacheco v. St. Luke's Emergency Associates, P.C., 879 F. Supp. 2d 136, 2012 WL 3044245, 2012 U.S. Dist. LEXIS 101435 (D. Mass. 2012).

Opinion

ORDER

NATHANIEL M. GORTON, District Judge.

After consideration of plaintiffs objection thereto, Report and Recommendation accepted and adopted.

DEIN, United States Magistrate Judge.

REPORT AND RECOMMENDATION ON PLAINTIFF’S MOTIONS FOR REMAND AND FOR SANCTIONS

I. INTRODUCTION

The plaintiff, Sean Pacheco, was employed by the defendant, St. Luke’s Emergency Associates, Inc. (“SLEA”), as a physician’s assistant pursuant to an employment agreement dated May 12, 2011 (the “Employment Agreement”).1 He has brought an action against SLEA and several of its officers and employees alleging [138]*138that he is owed wages and benefits, and that -his employment was wrongfully terminated. Suit was originally filed on December 19, 2011 in the Bristol County Superior Court in accordance with a forum selection clause in the Employment Agreement, which provides that “[jurisdiction of any dispute derived out of this agreement shall be in either” the Bristol County District or Superior State Court. Compl. Ex. A at 6.

Two of the counts of the Complaint allege claims under the federal Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq., including a claim for wages (Count V) and a wrongful termination claim (Count VII). The defendants removed the case to this court on February 3, 2012 on the basis of federal question jurisdiction. (Docket No. 1). Pacheco has filed a motion to remand the action to state court, along with a separate motion for Rule 11 sanctions on the grounds that the removal was improper in light of the forum selection clause, and that the removal prolonged the litigation unnecessarily and imposed additional costs on the plaintiff.

For all the reasons detailed herein, this court finds that the plaintiffs FLSA claims are beyond the scope of the parties’ contractual forum selection clause, and that the removal was proper. This court also finds that since all of the plaintiffs claims, both state and federal, involve a common nucleus of operative facts, all claims should be adjudicated together in this court. Therefore, this court recommends to the District Judge to whom this case is assigned that plaintiffs motions to remand (Docket No. 5) and for sanctions (Docket No. 7) be DENIED.

II. STATEMENT OF FACTS

In ruling on the plaintiffs claim that the suit was improperly removed to this court in violation of the forum selection clause in the Employment Agreement, this court will accept all the allegations in the complaint as true, and make all reasonable inferences in favor of the plaintiff. See Huffington v. T.C. Group, LLC, 685 F.Supp.2d 239, 240 (D.Mass.2010) (ruling on the applicability of a forum-selection clause in the context of a motion to dismiss for improper venue), aff'd, 637 F.3d 18 (1st Cir.2011), and cases cited. Applying this standard to the instant case, the relevant facts are as follows.

In early 2011, Pacheco applied for the position of physician’s assistant at SLEA, and had interviews with the defendants Sam Shen, Chairman of the Department of Emergency Medicine; Brenden Hayes, Director of Quality and Human Resources; and Maureen Peterson, Chief Financial Officer. Compl. ¶¶ 3-7. During these interviews, Pacheco informed Peterson that if he accepted a position with SLEA he would be leaving a higher paying job and would therefore require certain benefits. Id. ¶ 8. In response, Peterson promised Pacheco certain vacation time, paid time-off for Continuing Medical Education (“CME”) and paid holidays. Id. ¶ 9. Pacheco signed a written Employment Agreement in May 2011, which defined his hourly wage, his expected work schedule, and his paid time-off periods. Id. ¶¶ 10-13. Pacheco started work for SLEA on September 1, 2011. Id. ¶ 14.

According to the plaintiff, shortly after he began working Peterson told him that all time off was unpaid, and that SLEA would require that he make up hours missed by working double or extra shifts. Id. ¶ 15. Nevertheless, Pacheco remained at SLEA and was given positive oral and written 30 day reviews. Id. ¶¶ 16-17. Between September and early October 2011, other SLEA nurse practitioners and physician assistants told SLEA that they were not pleased with its vacation, holiday, and CME time-off policies or its accounting of [139]*139their hours worked. Id. ¶ 18. According to the Complaint, the defendants have not kept records of the hours worked by these employees, including hours worked before or after a shift, unscheduled or extra hours, and hours worked to make up for time-off. Id. ¶ 20. The plaintiff contends that he regularly worked hours beyond his scheduled shift and worked a holiday shift and other regular shifts for which he was not compensated. Id. ¶¶ 21-22.

Plaintiff alleges that he was told to report to work on October 13, 2011, his day off, at which time his employment was summarily terminated without explanation. Id. ¶ 19. On October 27, 2011, Pacheco filed a Non-Payment of Wage and Workforce Complaint 'with the Massachusetts Attorney General’s Office. Id. ¶23. On November 14, 2011, he was given permission to pursue a private cause of action against his employer for violations of the wage and hours laws. Id. ¶ 24. He filed his Complaint in the Bristol County Superior Court on December 19, 2011, and the defendants were served in January 2012. The defendants removed the action to this court on February 3, 2012.

The Complaint asserts eight counts. Specifically, Count I is for breach of contract against SLEA; Count II is for breach of the implied covenant of good faith and fair dealing against SLEA; Count III asserts a claim for misrepresentation against SLEA and Peterson; Count IV is a claim of promissory estoppel against all defendants; Count V is against SLEA and alleges a failure to pay wages under the FLSA and Mass. Gen. Laws ch. 149, § 148; Count VI is a wrongful termination claim against SLEA, Shen and Hayden; Count VII is against all defendants and alleges that Pacheco’s termination was the result of wrongful retaliation in violation of the FLSA and Mass. Gen., Laws ch. 149, § 148A; and Count VIII asserts a claim of tortious interference with contractual relations against the individual defendants. As detailed more fully below, Pacheco’s claims- under the FLSA for wages due (Count V) and retaliation (Count VII) are premised on the defendants’ alleged failure to comply with their obligations under the statute. See, e.g., Compl. ¶¶ 48, 53, 63. It is undisputed that this court has original, non-exclusive jurisdiction over the FLSA claims. See 28 U.S.C. § 1331; Prakash v. Am. Univ., 727 F.2d 1174, 1182 (D.C.Cir.1984).

Additional facts relevant to this court’s analysis will be described below where appropriate.

III. ANALYSIS

A. Standard of Review

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Bluebook (online)
879 F. Supp. 2d 136, 2012 WL 3044245, 2012 U.S. Dist. LEXIS 101435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacheco-v-st-lukes-emergency-associates-pc-mad-2012.